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Home arrow Front-end arrow CoE : Bildt "against Volcanoes" !

CoE : Bildt "against Volcanoes" !

Pisac ACM
10. 05. 2008.



CoE Ministers' Swedish Chairmanship starts dealing with "delicate" PanEuropean issues : From Abkhazia, to ECHR judgements' implementation (and Turkey), up to Genetic Testing : - To "handle with care !"...


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Council of Europe's New Chairman, Sweden's Foreign Minister Carl Bildt, was better inspired than he thought, when he stressed with emphasis in Strasbourg that "we (CoE) are against Volcanoes !"

volcano_eruption_larger_400_01

Bildt was refering to a reply given by CoE's Secretary General, Terry Davis, to a topical question on the row between Georgia and Russia on how to deal with the Abkhazian region :

- "We (CoE) used to call such kind of conflicts : "Frozen Conflicts". But, sometimes, a better description could be : .."Sleeping Volcanoes !" , Davis warned.

davis_on_sleeping_volcanoes_400

He was speaking the same week that the whole World was astonished by the unprecedented spectacle of a Chilean Volcano, which had been quietly "sleeping" for Thousands Years, but suddenly started to erupt, with Dangerous Giant Ash Clouds triggering a series of damages and threats...

Before Kosovo's unilateral declaration of independence, Vladimir Putin, former President and new Prime Minister of Russia, had warned that hasty moves might trigger a series of various other territorial issues concerning many differend ethnic conflicts in Europe's surroundings :

- "I wouldn't be surprised if now he said : - "I warned you !", a Slovenian diplomat told us.

In these conditions, naturally, Bildt's declared intent to prevent any "Volcanoes" from erupting in CoE's 47 Member Countries, as a matter of Pinciple, starting from the urgency of Abkhazia in Georgia, could only be welcomed...

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But this week's news proved that the most dangerous "sleeping volcanoes" might emerge by surprise, at unexpected areas, even there where no eruption ever took place for thousands of years...

And facts indicate, that other kinds of "sleeping volcanoes", might not be located so far away as .. Chile's Patagonia or Georgia's Abhhazia, but might emerge even at Europe's core, threatening to affect all its area, if nobody cares to take adequate measures on time :


Is it merely another "coincidence", that Bildt's declaration "against volcanoes" came just before he was questioned on another issue, less "spectacular", but bigger ?

- "EuroCourt's President, Jean-Paul Costa, warned this year that the problem of overload in pending cases is no more limited to the Court, (which notoriously faces for years a rising number of applications), but started to affect also CoE's Ministers, because many judgements are not implemented", EuroFora's question to Bildt began.

That's why, CoE's 2008 Ministerial Summit "stressed .. the need to actively .. enhance the effectiveness of the (European) Convention (on Human Rights)' control system". It found "important.. to ensure that the Convention is effectively implemented", "thereby contributing to a reduction in the workload of the European Court". CoE's No 1 priority for 2009 is "action to ensure the effectiveness of the implementation of the ECHR at National and European levels", with "measures to enhance implementation", a communique said.

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- But, "recent Statistics reveal that 1.400 condemnations by ECHR at the last Decade (1998-2007), mostly for Grave Human Rights Violations, concern one State : Turkey. And that's also a New Problem, because even at the end of 2007, more than 23% of non-executed ECHR's judgements concern also the same State. Is there any hope to use EU - Turkey Negotiations, or any other idea, in order to convince it to respect ECHR's judgements ?", Bildt was asked.

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- "There is only one possible answer : Yes. Of course, we (CoE) are hoping that", started CoE's new Chairman, Swedish Foreign Minister's answer. Thus, "EU - Turkey accession negotiation" "will take its Time" and "there will be Challenges, that we are all aware of", Bildt warned Ankara in reply.

He went on to stress the "great importance" that has also the "resolution of Cyprus' issue" with a "reunification of the island" able to "ensure respect for Human Rights and Democracy in all parts of Cyprus", welcoming the "hopes" recently created by a "New Phase" in preparatory talks.

Bildt wasn't wrong when he decided to include Cyprus in his reply : ECHR has notoriously condemned Turkey for massive and "continuing" human rights' violations against Displaced persons' homes and properties, "Missing" People and their Families, etc.

But, Cyprus' related ECHR judgements, despite their importance, are only a ..tiny proportion out of nearly two Thousand condamnations of Turkey for human rights' violations, which concern also other issues (Torture, Arbitrary deprivation of Liberty, Unfair Trials, Enforced "Disappearances", oppression of Freedom of Speech, Kurds, impunity of abuses committed by Turkish security forces, etc).

Real stakes are huge : If some don't want for CoE to name the "Smoking Gun", responsible for a deadly threat against Europe's Human Rights protection system, then, it might end up as a ... "Smoking Volcano", threatening to cover with its dangerous ashes all CoE and its 800 Million Citizens !..

Some already started to speculate that EU might take over CoE's Ministerial Committee's task to "supervise execution" of ECHR judgements (according to CoE's Statute), provoking a gradual withering-away of the CoE, if it fails in its duties, an experienced CoE Expert told us..

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ECHR's President Jean-Paul Costa, and Head Register Erik Fribergh, with CoE's Human Rights Commissioner, Thomas Hammarberg, at CoE's 2008 Ministerial Summit : plotting a new way to implement ECHR's judgements ?

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He obviously warned because he sincerely wished for his beloved organisation : the CoE, to wake-up on time, before it becomes too late in order to save its "life" from the dangers of such a huge "Sleeping Volcano" as the growing number of ECHR's non-executed judgements on grave human rights' violations...

A bad example, particularly for "new" CoE member-States, like Poland, Ukraine or Russia...

A new Report, currently prepared by CoE's Assembly, on implementation of ECHR's judgements, due to be debated in public and voted during 2008, may observe such risks.

eu_chair_rupel_400

EU Chairman, Slovenian Foreign Minister dr. Dimitri Rupel, at CoE's piano : ready to help CoE play the Human Rights music ?

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But this might not be the end of CoE's "Sleeping Volcanoes" :

You'll never find it in any fancy Radio-TV or sensational, mass-circulation Newspaper, but this doesn't mean that there is nothing inside CoE to inspire famous Cinema director, Steven Spielberg :

Nobody noticed, at the edge of an endless Catalogue of numerous Decisions taken by CoE's 2008 Ministerial Summit, (not immediately given to the Press), a bureaucratic reference to the "adoption of the Additional Protocol to the Convention on Human Rights and BioMedicine concerning Genetic Testing for health purposes".

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What's that ?

Simply something which might soon become much more important than the Georgia - Russia row over Abkhazia, the solution of Cyprus' issue, or even the execution of ECHR's judgements :

- The legalisation of "'Tests" on Human persons, at the age of Genetics, a Decade after deciphering all Human Genome, almost a Century after Aldus Huxley's world-famous "Brave New World" warning !

Naturally, CoE, which is alone in Europe and the whole World to forge Legally-binding Rules on Bio-Medicine and Human Rights, had to try to accomplish its duty to set Legal Standards able to facilitate the development of efficient and promising New Technologies, while also ensuring the respect of Human Persons' fundamental Rights, Freedom and Dignity.

But the right balance to find between these two important factors is notoriously a very delicate exercice.. And the eventual Dangers, in case of errors of loopholes, are obviously huge for all Humankind.

Did CoE's Experts succeed to overcome any serious risk, and strike the right balance ?

Are there some "gaps" to fil, (as it was also the case with CoE's basic International Convention on "Bio-Medicine and Human Rights", opened to signature at 1998 Oviedo Conference) ? Is it urgent to rectify or complete something ? How, and when might this be done ?

All these (and many other) Questions have to start being examined in enlightened Public Debate and full Transparency, now that CoE adopted the Protocol on "Genetic Testing".

Careful, Sweden's predominantly Christian-Democrat Government, even if the country has a "liberal" reputation on Genetics, didn't seem too eager to hastily hurry-up developments on this issue, perhaps in order to avoid an eventual World-wide "sleeping volcano"...

Wisely, Sweden decided to keep this file "freezed" during all its 6 Months CoE Chairmanship (May to November 2008). It promised to let the following, Spanish Socialist Government's chairmanship of the CoE, open to signature the "Genetic Testing" Protocol only on November 2008, when Madrid will take over.

By another "coincidence", the chosen Date comes immediately after USA Presidential Election, scheduled for the beginning of November.

CoE's International Convention on "Bio-Medicine and Human Rights", for obvious reasons, was open from the start to participation from all Countries in the World, and USA's Experts contributed in its preparation. Everybody knows that Bio-Ethics (and mainly restrictions against Genetic Tests destroying Human Embryos) was an issue for USA' President George W. Bush's "Veto" to some controversial bills of the American Congres, as he had promised to his voters in 2000 and 2004.

But nobody knows yet which "'volcano" might wake up after November 2008 ..volcano_cloud_m_400 volcano_cloud_sea_400

volcano_night_clouds_400

Meanwhile, EuroFora can't but wish "bon courage" to Carl Bildt's declared wish to act "against Volcanoes" during his 6 Months chairmanship of CoE's Ministerial committee.

All well-wishers are welcome to join, f.ex. by making good use of Carl Bildt's excellent Web-blog, where he astonishingly succeeds to note almost every move or project, at : http://carlbildt.wordpress.com

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Bildt speaking to Journalists, under the careful eye of Swedish Ambassador Per Sjorgen, and the careful ear of CoE's Communication's Director, Seda Pumpyanskaya. 

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Naturally, given all the delicate "hot" issues with which he has to deal, recently it become a ..Linguistic "Volcanoe" :

- Initially published in English (until 2007's end), recently, Bildt's interesting blog, wisely switched over to the ...Swedish language !

Got that handy Swedish dicco with you ?...

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 sarko_merkel_mieux

The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.

They stressed  that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.

They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.


- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.

 In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

sarko

 - The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.

Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.

- "We want to speak also about the Programme", explained Merkel.

- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe.  Obviously on Persons, but mainly Decisions on Issues", she stressed.

- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.

EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :

- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.

But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".

- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.

If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

smerkem_400

- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel.  - If EU Parliament wants, this election can take place on July,  but this must be done in full agreement.

- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.


    France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy.  Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".

    - "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel

    - "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.

    - "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President.  If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.

    But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.

    As for the precise Timing :  - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And,  then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".

    However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.

    But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.

    There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.

    In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.

    On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).

    It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.

    In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.

    Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".

    Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.

    As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".

"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."

    Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".
        

***

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